Guidance

Jamaica: information for victims of rape and sexual assault

Published 30 August 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and Sexual Assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the international emergency number on 119
• contact your tour operator if you are travelling with one
• contact the British High Commission in Kingston on 1 (876) 936 0700 and select the option for consular/emergency assistance. High Commission staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Jamaica

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area near the British High Commission, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British High Commission on 1 876 936 0700 and they can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

You should:

• tell the police if you think you have been drugged
• insist you get a police report and request a translation in English if applicable

The Centre of Investigation for Sexual Offence and Child Abuse (CISOCA) in Jamaica, is legally obligated to investigate any reports of rape and sexual assault. Their role is to create an atmosphere that will encourage you to report the incident. There are no known risks of reporting a rape and sexual assault to the local police.

CISOCA has both male and female officers either of which can be assigned to your case. Jamaica is an English-speaking country and officers will communicate in English.

You will be asked to give a statement with an account of the incident. Items of clothing or any other items relevant to the incident may be retained as evidence.

The police will take you to the hospital where you will be medically examined by a doctor.

A member of the consular team can accompany you to the police station to provide support. With your permission a member of the team can speak with the police about any concerns you may have. E.g., asking for a female police officer instead of a male, asking for clarity where you have uncertainties.

You will not need to surrender your passport whilst the investigation is being carried out. You will be represented by the state and there is no need to get a lawyer, but if you wish you can appoint one privately.

If you do not want to report the incident to the police in Jamaica

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

The British High Commission will be able to help you. This includes helping you to contact your insurance company, your family, assist making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

They can provide you with lists of: * English-speaking medical facilities * lawyers

You can report the incident to your tour operator, if you are travelling with one, and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

The crime does not have to be reported in country to be investigated. However, it makes it more unlikely for the police to conduct an investigation where important evidence may no longer be available. If you choose to report the matter on your return home, please visit your nearest police station to make a report and provide a statement. This can then be communicated via the respective international policing mechanism to the Jamaican authorities.

You can still get medical attention without reporting the assault to the police. You will need to visit the nearest hospital and speak with a doctor at the emergency room. The next steps will depend on whether you would like the police to be informed. This does not apply in the case of a minor. Once a minor shows up at the hospital for any allegations of abuse, the doctor will notify the police as a matter of urgency.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action. You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Jamaica: next steps

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

You will be required to make a statement about the incident including a description of the attacker(s). The police will keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner. The police will take you to the local hospital for a forensic examination. The hospitals are easily accessible and are in parish capitals.

The police in Jamaica will not automatically inform UK police of the assault. If for any reason assistance is required from the UK police, this request will be made via the Mutual Legal Assistance Agreement. The local police does not ask the UK to undertake police checks on the victim. However, if for any reason this is required, they will contact the UK police.

The medical examination: what to expect

All hospitals and medical centres will treat victims of rape and sexual assault once the referral comes from the police. If you go to the hospital by yourself, or without a referral, the police may be contacted. The hospitals will automatically report the results of any examination to the police.

A medical doctor performs the examinations. You will be given a full examination This is also done to confirm the assault.. A Sexual Assault Forensic Evidence (SAFE) Kit is used for sexual assaults reported within 72 hours of occurrence. Male and females are treated with the same level of privacy and respect.

Where possible a member of the British High Commission can accompany you to the hospital. Local tour operators are likely to assist and may also assign a representative to accompany you to the hospital.

Treatment

Post-exposure prophylaxis (PEP) medication is available in Jamaica. Once the nature of the assault increases your risk of contracting HIV, the medical staff give you a prescription for HIV PEP medication. The HIV PEP medication can be accessed for free at any government operated or partnered pharmacy. Instructions are included when the medication is issued.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

Emergency contraception is sold over the counter in Jamaica. There is no need for a referral or prescription to purchase these items at any local pharmacy.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Emergency care for rape and sexual assault is free at any government facility. If you prefer to be seen at a private facility, you will need to cover all costs associated with the visit and treatment.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Jamaica: what to expect

The next stage is investigation, where the police gather evidence. The police may ask you to visit the area where the offence happened to help identify the offender. They may also ask you to look at photographs or attend an identification parade at a police station or other location.

If the police make an arrest, they will take the suspect before the court. If for any reason, there are delays with early court dates the arrested person may be given bail depending on the gravity of the assault. An application for bail may be made by the suspect’s attorney before the court date. If bail is granted, the investigation continues, and the matter progresses to a trial based on the outcome of the investigation.

You will be represented by the State’s attorney and there is no need for you to get a lawyer. You may be required to testify in court. If you return to the United Kingdom before a court or trial date, there are special provisions for evidence in chief to be done by video link. Both the crown and the defence attorneys will have full disclosure of the case except for the personal information of the victim, such as their address, but they will have their name. You are able to leave the country at any time, though if you intend to make a police report, it is recommended not to leave before doing so.

Court procedures: what to expect

If a suspect is charged and pleads not guilty, you will be expected to testify in court. Whilst there are special circumstances to facilitate evidence via video link, you may be required for court in person whenever the trial starts.

The investigating officer will remain your main point of contact regarding the court case.

If the case is referred to further investigation you may need to give a further statement if one is required.

If you no longer wish to proceed with the case, you will need to inform the court. There will be no charges or repercussions for this action. There is no automatic prosecution for sex offences.

The alleged assailant can press counter charges claiming false accusations. This can only be done on the grounds that you have lied about the assault. If this is the case, the police may lay charges for creating public mischief.

The court can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action.

Trial

Your case will progress to the Parish Court once the initial investigation has been completed. Depending on the outcome of these proceedings the matter will progress before the Circuit Court for trial. Your state prosecutor will be able to guide you along this process at this stage. This process may take years.

Trial procedures

Trial dates will be communicated to you by the investigating officer or the State prosecutor. Jamaica is an English-speaking country therefore the trial will be conducted in English.

Whilst there are special circumstances to facilitate evidence via video link, you may be required to attend court whenever the trial starts. The local authorities are unable to assist with associated costs for your return for trial. You are required to make travel and accommodation arrangements at your expense. Other types of support such as assistance with welfare concerns can be discussed with the police.

Rape and Sexual Assault cases can take some time before reaching a trial. However, the aim is to take the matter before the court as soon as possible. It is difficult to state a specific timeframe as there are several factors which will determine how quickly the case moves ahead. Rape and Sexual Assault trials may last for over a year or more.

Trials can take years before a final sentence is passed. The defendant has the right to an appeal.

Hiring a lawyer

A privately-hired lawyer can provide the same assistance as the State prosecutor.

Review the list of lawyers in Jamaica

Communication

You are not required to provide a local address if you are not ordinarily resident in Jamaica. It is necessary to state your temporary address for the period you will be in Jamaica.

You will be kept up to date on the court case by the lead investigator.

The consular team at the British High Commission will also communicate with the police/court for updates on the case. Once you are back in the United Kingdom, you can speak with the Caribbean Desk Officer at the Foreign Commonwealth and Development Office and they will communicate with the British High Commission in Jamaica on your behalf.

Legal aid

You will not be given legal aid, because you are provided with a state lawyer.

Sentencing

Sentences are weighted in favour of rehabilitation.

A rape and sexual assault charge constitutes a crime against the State even though it is committed upon an individual. If convicted, the judge can order prison time.

Charges will be dismissed against the alleged perpetrator if found not guilty.

Compensation

The court may order monetary compensation if a civil suit is filed against the accused.

There is no State-funded compensation.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live:

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC Phone 0141 211 8175
Wales	New Pathways SARC Phone 01685 379 310
Northern Ireland	Rowan SARC Northern Ireland Phone 0800 389 4424

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).